Part III. Publications

Publications are understood as public announcements by which the faithful are informed of nuptials to be contracted by certain persons, made for this end, that one who knows an impediment of matrimony may disclose it to the pastor. Publications are also called announcements, proclamations, banns.¹ The following are to be considered:

¹ Bannum is a German word which signifies: 1° a place of jurisdiction, for example the bann of Rome; 2° the exercise of jurisdiction by public edict, for example by proclamation of matrimony.

I. Existence of the law. "It is to be publicly announced by the pastor between whom matrimony is to be contracted" (canon 1022).¹ Nevertheless "publications are not to be made for marriages which are contracted with dispensation from the impediment of disparity of cult or mixed religion, unless the local Ordinary, according to his prudence, scandal being removed, has judged it opportune to permit them, provided that apostolic dispensation has preceded and mention of the religion of the non-Catholic party is omitted" (canon 1026).

¹ Roman Ritual, title VII, chapter 1, n. 6.

II. The object of the law is set forth in canons 1023-1025 inclusive, especially canon 1024: "Publications are to be made on three continuous Sundays and other feasts of precept in church during the solemnities of Masses, or during other divine offices to which the people frequently come." The following must be explained:

1. Parish of the publications. The publications must be made in the parish of the betrothed, as is deduced from the fact that they are to be made by the proper pastor (canon 1023, § 1). Now the parish of the betrothed is that in which they have domicile or quasi-domicile (canon 94, § 1), or, if it is a question of vagrants or of those who have only diocesan domicile or quasi-domicile, actual residence (canon 94, §§ 2 and 3). If a party has stayed in another place¹ for six months after having attained puberty,² the pastor is to set forth the matter to the Ordinary, who according to his prudence is either to require publications to be made there, or to prescribe that other proofs or conjectures concerning freedom of status be gathered (canon 1023, § 2).³ If there is some suspicion of a contracted impediment, the pastor is to consult the Ordinary even for a shorter stay; and the Ordinary is not to permit the matrimony unless first the suspicion is removed according to the norm of § 2 (canon 1023, § 3). Finally, particular statutes are to be observed which regard publications and are not opposed to common law; these commonly especially regard marriages of soldiers and vagrants.

a) If the betrothed belong to one and the same parish, the publications are to be made in that parish alone.

b) If the betrothed belong to different parishes, the publications must be made in both.⁴

c) If either party or both belong to several parishes, the publications must be made in each parish.

d) The marriages of minor children are proclaimed both in the quasi-domicile which they perhaps have acquired and in the domicile of those under whose power they are subject; for they necessarily retain this (canon 93, § 1).

e) The marriages of adult children are also to be published in the domicile of the parents, unless they have renounced this. But concerning this renunciation it is often difficult to be certain, so that doubt remains whether or not they are to be announced in the domicile of the parents. In practice, one who follows the current practice is safe.

f) The marriages of vagrants, besides in the parish in which they have actual residence, in some places by force of particular law must also be announced in the parish of origin, or at least in that in which they have stayed longer.⁵

g) The marriages of soldiers, besides in their proper parish, in some places by force of particular law must also be proclaimed in the parish in which they actually stay.

¹ It is not said "elsewhere in a parish," so that the precept does not have force if it is a question of another parish of the same place.

² A minor, if male, is judged pubescent from the completed fourteenth year; if female, from the completed twelfth year (canon 88, § 2).

³ The Pontifical Commission, June 2-3, 1918, to the doubt: If a party, after attaining puberty, has stayed for more than six months in very distant and remote regions, from which, in order that regular attestation of freedom of status may be had, a longer time is required, while nevertheless the celebration of matrimony is urgent, does the oath of the party with the testimony of two, or if two cannot be had, at least of one, who stayed with him or her in those regions, suffice in the case for making freedom of status certain? responded that the matter is remitted to the prudent judgment of the Ordinary, who can prescribe other proofs, not excluding a supplementary oath, according to the norm of canon 1023, § 2 (A.A.S. 1918, p. 345); cf. Instruction of the Sacred Congregation for the Discipline of the Sacraments, June 4, 1921, under 4° (A.A.S. 1921, p. 348).

⁴ Roman Ritual, title VII, chapter 1, n. 7.

⁵ Thus, for example, in the Netherlands (Provincial Council of Utrecht, p. 123).

2. The person publishing. Publications of matrimony must be made by the proper pastor (canon 1023, § 1). He, however, can also satisfy the law through another, for example through a vicar, through any other priest, through a deacon, etc. Nevertheless it is less fitting to use a layman or even a simple cleric.

3. Number of publications. Publications must be made three times, as is clear from what is to be said under 4.

4. Time of the publications. They must be made:

a) On Sundays and other feasts of precept, whether general or particular, and this even if perhaps only the obligation of hearing Mass persists. But it is doubtful whether publications can be made on general feasts in those places where the said feasts do not have force. On suppressed feasts publications cannot of themselves be made; but just as the local Ordinary can dispense from publications for a legitimate cause (canon 1028), so also for a just cause in particular cases he can permit them to be made on abrogated feasts, provided solemn offices must be held as before, and the attendance of the people at church is frequent.¹

b) On continuous Sundays and other feasts of precept, that is, succeeding one another in such a way that no other Sunday or feast is interposed. As to the practice of making publications only on Sundays, while omitting feasts occurring within the week, if it is immemorial, it can be tolerated by the Ordinary if it cannot prudently be removed (canon 5). But if three feast days should immediately succeed one another, the practice seems licit that on those days at most two publications be made. For since otherwise the time for revealing impediments is so brief, the letter of the law is deservedly judged not to have to be urged. If, however, all the announcements are made on three continuous and suitable days, the obligation is satisfied (cf. St. Alphonsus VI, 992).

Note. Publications are not prohibited during the closed time.

c) During the solemnities of Masses, that is, during the parochial or principal Mass, as authors commonly taught, or during other divine offices to which the people frequently come, for example in a private Mass, in Vespers or Lauds, as they are called; but not, as it seems, in offices at which a determined class of the faithful, for example members of some Congregation, rather than "the people," is present. Moreover, it suffices that the publications be made in one of the suitable offices.

¹ Cf. Sacred Congregation of the Council, June 17, 1780; April 19, 1823.

5. Place of the publications. They must be made in church (canon 1024); under this name here comes primarily the parish church, as follows from the fact that they must be performed by the pastor (canon 1023, § 1). Yet it seems that they can also be made in a filial church which has a territory separated from the territory of the mother church, namely for those who belong to the territory of that church.¹ Finally, accidentally they can be made in a church or chapel which for a time holds the place of the parish church, or in which extraordinary divine offices for the parishioners are celebrated.²

¹ Sacred Congregation of the Council, in the Cologne case, in Revue Theologique francaise 1901, p. 117.

² Sacred Congregation of the Council, July 1, 1724; Roman Ritual, title VII, chapter 1, n. 8.

6. Manner of making the publications. The formula is set forth by the Roman Ritual, and it must be observed at least as to substance. Finally, it is clear that the announcements are to be made in the vernacular language, and with a living and clear voice.

Note. The local Ordinary can, for his territory, substitute for publications the public affixing, at the doors of the parish church or another church, of the names of the contracting parties for a space of at least eight days, yet in such a way that, in this space, two feast days of precept are included (canon 1025).

III. Gravity of the law. The precept obliges even if the pastor is certain about the free status of those about to marry. For it is founded on the presumption of common danger, so that it does not cease even if in a particular case the absence of danger is established. The obligation, however, is grave from its genus. Therefore it is a grave sin: 1° to omit all announcements; 2° to omit two, or to neglect the greater part of the precept. It is light to omit one (St. Alphonsus VI, 990), likewise, for example, to make two announcements outside the church, etc., provided nevertheless that there is a sufficiently large concourse of people.

IV. Dispensation. 1. The person competent to dispense, besides the Supreme Pontiff, is the proper local Ordinary, who can dispense from publications even to be made in another diocese (canon 1028, § 1). Furthermore, in many dioceses, by delegation of the Bishop, the faculty of dispensing at least from one or even two publications has been granted to Deans. If there are several proper Ordinaries, for example if those about to marry belong to different dioceses, the one in whose diocese the matrimony is celebrated has the right of dispensing; but if the matrimony is entered outside their proper dioceses, any proper Ordinary can dispense (canon 1028, § 2).

2. A cause for dispensing is certainly required, and indeed, if the one dispensing is inferior to the Holy See, it is required for validity (canon 84, § 1). Since the law is grave, a grave and urgent cause also is required; but it is more easily licit to dispense from one or two publications than from all. For dispensation from all, a most grave cause is required.¹

The causes are customarily distinguished into necessary, that is, such as those in which dispensation ought to be granted, and gracious, that is, such as those in which it can be granted but ought not be granted.

a) Necessary causes are enumerated by St. Alphonsus (VI, 1005): 1° "If there is probable fear lest the matrimony be maliciously impeded; ... 2° if the matrimony is necessary for avoiding damage or infamy of the contracting parties or offspring; namely, if defloration has preceded, and there is fear lest the man change his will. Likewise, if one of the betrothed were at the point of death and there were offspring to be legitimated; ... 3° if danger of soul, body, or fortune is imminent; ... 4° if the bridegroom is immediately about to set out far away, and the necessity of contracting is urgent on account of one of the causes described above; 5° if the parents or guardian intend that the virgin marry an unworthy man"; 6° if the closed time is near at hand, and on the one hand nuptials then cannot be entered without scandal, while on the other hand the matrimony cannot conveniently be deferred, etc.

b) A gracious cause is present if the dispensation seems useful or reasonable, as if it is a question of the marriage of great princes; if dispensation is sought by a man of great merit, for whom to deny it would be grave; if those about to marry are old or of very disparate condition; indeed, in the case, embarrassment can be so great that it is a necessary cause for dispensing (St. Alphonsus VI, 1006). Moreover, Bishops are generally warned not to dispense easily.²

3. Things to be observed in the petition for dispensation. It is sought by the pastor who assists at the matrimony; but by the confessor if the matrimony must be contracted or convalidated secretly. The petition is made in the name of those about to marry. In the supplication there are to be expressed: 1° the names, surnames, parish, and commonly also diocese of the petitioners; with regard to widows or widowers, it is expedient that the name and surname of the deceased spouse be added; 2° what is sought, namely whether dispensation from one, two, or all announcements; 3° the cause why dispensation is sought; 4° the Ordinary is to be made certain of the truth of the cause, into which namely the very person who petitions for dispensation is bound to inquire.³

¹ Cf. Constitution of Benedict XIV, Nimiam licentiam.

² Constitution of Benedict XIV, Satis vobis, November 17, 1741.

³ Let the formula of supplication be: Most Excellent and Most Reverend Lord, Peter N. and Anna N. humbly seek from Your Excellency dispensation from one, or from two, or from all announcements. The cause is... After diligent examination, I have found and testify that the things set forth are true, Your Excellency's most humble servant, N.N., pastor at N.

V. A cause excusing from announcements is had when on the one hand there is a true necessity of entering matrimony, and on the other hand dispensation cannot be obtained in time or cannot be sought without danger of violating the sacramental seal. Now the necessity of entering matrimony is commonly present if one of the necessary causes for dispensing enumerated above is had. Nevertheless, let the matter be treated cautiously and prudently, and if dispensation can be obtained in time, it is to be sought (St. Alphonsus VI, 1003 under 7, 1007 dub. 2).

VI. Things to be noted. Once the investigations and publications have been completed, the following things are to be attended to:

1. The pastor is not to assist at matrimony before he has received all necessary documents (canon 1030, § 1), namely testimony of baptism perhaps conferred elsewhere (p. 518), testimony of investigations and publications perhaps instituted elsewhere (n. 686), testimony of the license of the Ordinary or his delegate if it is a question of a vagrant (p. 524), and, according to the circumstances, testimony of the death of the previous consort, etc. A document of Confirmation is not required, although Catholics, before they are admitted to matrimony, must receive that sacrament if they can do this without grave inconvenience (canon 1021, § 2).

If, with the nuptial day pressing and unable conveniently to be deferred, the testimonial letters have not yet been received, the pastor, insofar as can be done, is to take care that they are received. If time is lacking, recourse is to be made, if it can be done, to the Ordinary; otherwise the pastor proceeds by epikeia, provided he is certain about free status.

2. Furthermore, the pastor is not to assist, unless a reasonable cause requires otherwise, before three days have elapsed from the last publication (canon 1030). According to canon 34, § 3, 3°, the day of the last publication is not computed in these three. If matrimony has not been contracted within six months, the publications are to be repeated, unless it seems otherwise to the local Ordinary (canon 1030, § 2).

3. When doubt has arisen about the existence of some impediment: 1° the pastor is to investigate the matter more accurately, by questioning under oath at least two trustworthy witnesses, provided it is not a question of an impediment from knowledge of which infamy would arise for the parties, and, if it is necessary, the parties themselves also; 2° he is to perform or complete the publications, if the doubt arose before the publications had been begun or completed; 3° he is not to assist at matrimony without consulting the Ordinary, if he has prudently judged that the doubt still remains (canon 1031, § 1).

4. When a certain impediment has been detected, one must proceed thus:

a) If the impediment is occult, the pastor is to perform or finish the publications, and is to bring the matter, while suppressing the names, to the local Ordinary or to the Sacred Penitentiary (canon 1031, § 2, 1°). But if everything is already prepared for the nuptials and the matrimony cannot be deferred without probable danger of grave evil until a dispensation is obtained from the Holy See, and not even the local Ordinary can be approached, or cannot be approached except with danger of violation of secrecy, the pastor is to proceed according to the norm of canon 1045, as will be explained later.

b) If the impediment is public and is detected before the publications have been begun, the pastor is not to proceed further until the impediment is removed, even if he knows that dispensation has been obtained only for the forum of conscience; if it is detected after the first or second publication, the pastor is to complete the publications and bring the matter to the Ordinary (canon 1031, § 2, 2°).

5. Finally, if no impediment has been detected, neither doubtful nor certain, the pastor, after the publications have been completed, is to admit the parties to the celebration of matrimony (canon 1031, § 2, 3°).

Question. What if the pastor or the Ordinary alone knows an impediment, and matrimony is publicly sought?

Response 1. The pastor cannot assist at the matrimony, lest he concur in an invalid matrimony and in the grave inconveniences perhaps to follow from it; these are to be prevented even more by the pastor than by others (St. Alphonsus VI, 1002).

Response 2. The Ordinary, for the same reason, cannot give a sentence in favor of the matrimony. Nor does it stand in the way that by preventing the matrimony he acts as judge and witness; "because someone can well be judge and witness when it is a question of impeding sin" (St. Alphonsus VI, 1002).

Question. What if the impediment is detected in sacramental confession?

Response 1. If the impediment is public, the confessor is to warn the penitent about the necessity of dispensation and send him or her to the pastor; or, if the confessor is the pastor, he is to warn the penitent to manifest the impediment to him outside confession.

Response 2. If the impediment is occult, the confessor likewise generally is to warn the penitent about the necessity of dispensation, and he himself can obtain it for the forum of conscience. I said generally, because the penitent can sometimes be left in good faith, according to what was said in n. 396.

6. In order that the validity of matrimony to be contracted by vagrants may be consulted the more, canon 1032 establishes: "Except in a case of necessity, the pastor is never to assist at the marriage of vagrants of whom in canon 91 unless, after the matter has been brought to the local Ordinary or to a priest delegated by him, he has obtained license to assist." Now:

a) Under the name of vagrants there certainly come those who, having uncertain seats, lack domicile, quasi-domicile, and monthly residence.

It is disputed whether those too are comprehended who are destitute of domicile and quasi-domicile, but not of monthly residence. Now they seem to be comprehended, because canon 1032 expressly speaks of "the matrimony of vagrants of whom in canon 91." Now, with canon 91 considered, those of whom we speak are vagrants.

Objection. Canon 1097, § 1, 2° distinguishes those who enjoy monthly residence from vagrants.

Response. With canons 1032 and 1097, § 1, 2° considered, it seems that one must concede and say that the word vagrants in canon 1032 is used in a broader sense, and in canon 1097, § 1, 2° in a more restricted sense.

b) The Ordinary whose license is required is the Ordinary of the place in which the matrimony is contracted.

c) The aforesaid license is required even if only one party is a vagrant. This is deduced from the end of the law, namely of preventing invalid marriages; and this end is urgent whether both parties or only one is a vagrant.

d) License is not required in a case of necessity, for example if there is danger that the parties, if license is awaited, would contract merely civilly; if there is necessity of undertaking a long journey, which is so urgent that time for obtaining license does not remain, etc.